See II.2.4
§ 1. This contract is a contract for insurance services, which fall under the CPV code 66000000-0
§ 2. Its purpose is to assign the following insurance components:
- Part 1: RC Operating Insurance and Legal Protection of the Hospital
- Part 2: Professional Civil Liability Insurance for Physicians (Medical RC) of Chwapi
The technical requirements to be met by the services are included in the technical clauses of the special specifications (the latter will be attached to the invitation to tender which will be sent to the selected candidates).
§ 3. There is no division into lots. The tenderers will therefore have to submit bids compulsorily for the two aforementioned components.
Justification: In accordance with Article 58 of the law of 17 June 2016 on public procurement, the contracting authority has chosen not to divide the contract into separate lots. Indeed, the daily experience of the contracting authority demonstrates how important it is to manage civil liability coverages and claims jointly and centrally, both for reasons of administrative efficiency (the plurality of service providers complicates file management) but also and above all to guarantee a maximum speed in the distribution of interventions of the respective contracts in the event of a disaster, in order to appease patients who have suffered damage. Such efficiency and purpose could, de facto, be prevented if the Hospital's insurer were different from that of the Physicians. This is why the contracting authority has decided not to proceed with an allotment.
IMPORTANT PRECISION:
It is already specified that only insurance companies authorized by the National Bank of Belgium, for one or more insurance branches covered by this market under the law of 13 March 2016 on the status and supervision of insurance or reinsurance undertakings will be selected within the framework of this market.
Applications submitted by or with insurance brokers or other insurance intermediaries will be excluded, as the adjudicator has already appointed his insurance broker at the end of a separate procedure in the person of the DEGAUQUIER AND PARTNERS office (FSMA No. 45523A).
§ 4. The contracting authority reserves the right during the performance of the contract (subsequent to the award) to add or remove services covered by an amendment to this contract (and in return for fair compensation if necessary).